Madras High CourtWP(MD)/2784/2020disposed of

M. Jeya v. The Commissioner

2020-02-26Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P.(MD)No.2784 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.02.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.(MD)No.2784 of 2020 and W.M.P(MD)No.2358 of 2020 M.Jeya : Petitioner Vs.

1.The Commissioner, Madurai Corporation, Tallakulam, Madurai - 625 010.

2.The Assistant Commissioner, Madurai Corporation, Zone-I, Madurai.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to process the petitioner's application No.A-9/458/2020 dated 24.01.2020 pending on the file of the first respondent and consequently provide underground drainage connection to the petitioner's commercial building at Door No.22-A, bye-pass Road, Madurai-16 by collecting appropriate fee in this regard. For Petitioner : Mr.C.M.Arumugam For Respondents : Mr.T.S.Mohammed Mohideen Standing Counsel

ORDER

Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondents.

2. The prayer in this writ petition is for a Writ of Mandamus to provide underground drainage connection to the petitioner's commercial building at Door No.22-A, bye-pass Road, Madurai-16.

3. When the matter came up for hearing on 12.02.2020, it is stated that the drainage system is blocked, because the petitioner did not obtain proper permission from the respondents. Though the petitioner had remitted necessary fees and made an application on https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.2784 of 2020 24.01.2020, the second respondent was directed not to block the underground drainage system and if already blocked, to open the same for the petition mentioned building immediately. 4.Today, the learned counsel for the petitioner submits that the respondents have removed the block. However, the application which was filed by the petitioner for drainage connection is still pending.

5. In view of the fact that the petitioner cannot continue to have the drainage system by virtue of the order of the Court, the same has to be considered by the first respondent. As already an application is made by the petitioner on 24.01.2020 in application No.A-9/458/2020, the first respondent is directed to consider the said application and pass appropriate orders on the same on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of four weeks from the date of receipt of a copy of this order.

With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Writs) // True Copy // / /2020 Sub Assistant Registrar(CS) pm To 1.The Commissioner, Madurai Corporation, Tallakulam, Madurai - 625 010.

2.The Assistant Commissioner, Madurai Corporation, Zone-I, Madurai.

+1 CC to M/s.C.M.ARUMUGAM, Advocate ( SR-8930[F] dated 27/02/2020 ) +1 CC to M/s.T.S.MOHAMED MOHIDEEN, Advocate ( SR-8365[F] dated 26/02/2020 ) Order made in W.P.(MD)No.2784 of 2020 Dated: 26.02.2020 JMN(10.03.2020) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2